N55m ‘bribe-for-budget scam: ICPC insists on trial of Wabara, others

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) yesterday insisted at the Supreme Court that a former Senate President, Senator Adolphus Wabara and four others must face trial for alleged N55m bribe-for-budget deal.

The others are a former Minister of Education, Prof. Fabian Osuji, Senator Ibrahim AbdulAzeez, Senator Azuta Mbata and Garba Matazu.

Two other suspects (Senators Emmanuel Okpede and Badamosi Maccido) have died and their names struck out of the charge sheet.

The suspects were arraigned on April 11, 2005 before Justice Hussein Mukhtar of the FCT High Court for allegedly obtaining money to facilitate easy passage of the budget of the Federal Ministry of Education in 2005.

The accused had earlier urged the High Court to quash the charges against them, but Justice Muktar, on November 10, 2005, dismissed the request.

Three of the suspects (Wabara, AbdulAzeez and Osuji) later went to the Court of Appeal in Abuja challenging the judgment of the High Court.

On June 2, 2010, the appellate court set the three accused persons free and quashed the 15-count charge brought against them by the ICPC.

In the judgment delivered by Justice Mary Peter Odili, the court held that the charges were bogus and failed to disclose a prima facie case against the accused.

Justice Odili also ruled that the charges were frivolous, baseless and lacking in merit and as such cannot be sustained by any prosecution.

The ICPC, however, headed for the Supreme Court.

The matter came up for hearing at the apex court yesterday with ICPC insisting on the trial of the accused.

The prosecution counsel, Chief Niyi Oshe (SAN) and Mr. John Bayeshea (SAN) told the Supreme Court that “it is ridiculous to say no prima facie case was made against the accused because the statement of Prof. Osuji, was enough to establish that they have a case to answer.

“Prima facie case cannot be equated with proving a case beyond reasonable doubt. At this stage of arraignment, it is too early to assume that there is no case against them.

“The Court of Appeal went to the extent of treating Sen. Chris Adighije as a tainted witness. But our position is that the court cannot treat anyone as a tainted witness until trial takes place. Accused persons should not be discharged on the basis of preferment of charges.

“If the position of the Court of Appeal is sustained to the effect that there was no prima facie case against the accused, a combination of these errors will make criminal prosecution almost impossible in this court.

“The court should let the accused face trial, it should not discharge them on mere preferment of charges.”

But Osuji, through his counsel, Goddy Uche, said he was an innocent actor because of his love for the country.

The ex-minister also said: “There is no proof of evidence to link me with the complicity of the offence.”

The Supreme Court’s five-man panel, led by Justice Ibrahim Tanko Mohammed, fixed judgment for February 22.

I think that the mere fact that the case is tried will be a boost to our orchestrated fight against corruption. I give kudos to the EFCC. Let there be a logical conclusion without killing it on not too helpful technicalities.

Gideon Emmanuel

Leave senator Nwabara alone. Has he not suffered enough shame and embarassment in respect of this palaver?

After how many years , this is more reason our criminal justice system must be reformed , it is a pity that this case is still at infancy do to undue attitude of lawyers and our justice system ,that is why our courts can not dispense justice in time.thereby encouraging this looters to loot , a special court should be created to treat this corrupt cases ,if government is serious in fighting corruption , it is a shame that most politician that had been taken to court since 2001 there case had not even started ,

Kkunle

@ Chistian Ejiofor I agree absolutely with your submissions.We have a totally bastardised judicial system in nigeria operated mostly by corrupt judges and court officials.The government’s window dressing pretending to fight corruption will not improve the situation but worsen it as those who can think know that we have not even started and therefore assured of impunity so long they can pay their way. Whilst the EFCC and ICPC are trying their best, the thieves in the judiciary will not allow justice to prevail. The ongoing review of the constitution should therefore thoroughly reform the entire criminal justice system with particular emphasis on the court procedure & process, and the discipline of judges. The disciplining of judges should be taken from the NJC and handed to an independent body that will summon persons from the populace on an ad hoc basis (like a jury) for every disciplinary case of a judge. They should also be at liberty to hand down any sentence they deem fit (including capital punishment) where a judge is found guilty.

No matter how u arraign this thieves to court they will always find their way out in a government where the three arms of government are nothing but of corruptional entities. All what the judiciary knew is how to adjourn case forgetting that adjournment is grave where Justice are buried. May God hear the plight and cry of poor masses in this corrupt nation Nigeria.

Once u are not in the cartel u are just a scape goat,that was the reason his brother’s bank was also meant never to see the day light and now citizens are facing the pains.I am sure the revolution going to happen will come as a surprise and all who have done all kind of evil in Nigeria will pay back ALL.

oparah

There is a bigger rogue in Obasanjo under whose watch these men were allegedly caught. What is this ICPC doing to arraign him? Selective justice is no justice and cannot be rewarding in any way. If we want to fight corruption let us be resolute and fight it in all ramifications. A huge sum has been returned from Swiss Bank as part of Abacha’s loot. I hope one idiot who calls himself president, minister, or dishonorable man will not pocket that lump sum. We are watching.